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Transcript of In the CJ@ya[Court of - States of Jersey and... · (ii) ensuring that ... tenn is court to East" In...
In the CJ@ya[Court of Jersey Samedi Division
In the year two thousand and seventeen, the fifth day of December.
Before the Judicial Greffier.
Upon the application of Her Majesty's Attorney General, IT IS ORDERED that the
Planning Obligation Agreement between The Chief Officer for the Environment and Klaus
Martin Jensen in relation to North Point (formerly Wolfs Caves Bar & Restaurant), La Rue
de Fremont, StJohn, be registered in the Public Registry of this Island.
LOD
Reg. Pub.
Greffier Substitute
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•
Planning Obligation Agreement under Article 25 of the Planning and Building (Jersey)
Law 2002 relating to the development of
North Point, formerly known as Wolfs Caves Bar and Restaurant, La Rue de Fremont, StJohn
Dated : ~'111 ~hu' 2017
Between
The Chief Offi<:Gr for the Environment (1)
and
Klaus Martin Jensen (2)
Law Officers' De.partment
Morier House,
ST. HELlER
Jersey
JE11DD
0
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2015
PARTIES
(1) The Chief Officer for the Environment of South Hill, st Helier, Jersey. JE2 4US (hereinafter called "the Chief Officer")
AND
(2) Klaus Martin Jensen. of Heimhuder Stra~e 74, 20148 Hamburg, Germany. (hereinafter called "the OWner")
RECITALS
A The Owner warrants that he is the owner In perpetuity (a fin d'Mntage) or the Site.
B The Owner has submitted the Application.
C Pursuant to Article 9(5)(b) of the Law the Chief Officer referred the Appllcatlon for the Development to the Planning Applications Committee for determination by that Committee.
D .Having regard to the purpose of the Law, the Island Plan 2011 and an other materfal considerations the Planning Applications Committee at its meeting on 1.,.. September
2015 resolved to approve the grant of planning permls.slon for the Development subject to the completion of this Agreement so that provision will be made for regula ling or facmtating the development or use of the Site In the manner hereinafter appearing and without which planmng permission would not be so gran led
E As a result of the Application and consequential upon the approval of the Application, it is considered expedient in the interests of proper planning that provfs.on should be made ror:
(i) secunng the Implementation of the Landscape Management Plan;
(ii) ensuring that the Staff and Guest Accommodation is used solely for purposes
anclllary to the main house and not let or sold separately therefrom
(Iii} ensuring that the part of the North Coast Footpath crossing the Site Is made
available to the general public at all Umes.
D The parties have agreed to enter into this Agreement in order to secure the planning
obligations contamed 1n this Agreemenl
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E The parttes acknowledge that this Agreement is legally binding.
OPERATIVE PART
NOW IT IS AGREED AS FOLLOWS:-
1 DEFINITIONS
For the purposes or this Agreement the following expressions in the left hand column shaJI have the meanings set agamst them in the right hand column:-
"Application•
· c hief Officer'
•commencement"
"Development•
the application for planning permission In respect of
the Site submitted by the Owner for the
Development and allocated reference number
P/201510450 .
the person appointed from time to time as the chter
executive officer (or equivalent) of the
administration or the States responsible for planning
and building in accordance with Article 1 of the Law
the date on which any use or operation forming part
of the Development begins to be earned out
pncludlng for the avoidance of any doubt operations
consisting of demolition works,) but not Including
operations being site clearance, tree removal.
archaeological investigations, Investigations for the
purpose of assessing ground conditions, remedial
wor11 tn respect or any contaminaf100 or other
adverse ground conditlons. diverston and laying of
services, erection of any temporary means of
enclosure, the temporary display or site notices of
advertisements and the words ·commence" and
•commenced" shall be construed accordingly.
the development of the Stte to "Construct 1 No. six
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bedroom house and 1 No one bedroom guest
cottage with associated landscaping and vehicle
access onto La rue de Fremont Construct 1 No.
swimming pool and pool house with associated
terracing. Construct 1 No. tennis court to East" In
accordance with the Planning Permit
"Footpath Agreement" an agreement with lhe Public for the use of the North
Coast Footpath substantially In the fotm set out In
Schedule 6.
"Interest"
"Landscape
Management Plan·
interest at three per cent (3%) above the base
lending rate of HSBC Bank Pic from time to Ume.
the landscape management plan attached hereto as
Schedule 7 and Includes any variations and
amendments thereto or any substitutiOn thereof
"l.aw" the Planning ahd Building (Jersey) Law 2002.
"Map" the Jersey digital map
"North Coast Footpath" the foot path established by the Public of the Island
of Jersey along the north coast of Jersey part of
which identified on the plan attached as Schedule 5
crosses the norther extremity of the Site
"Occupation"
"Planning Permit"
occupation for the purposes petmtlted by the
Planning Penni\ but not Including occupation by
personnel engaged in construction, fitting out or
decoration or occupation for marketing or display or
occupation In relation to security operations and the
words 'Occupy' and 'Occupied' shall be construed
accordingly.
the planning permission granted for the
Development pursuant to the AppllcaUon, a copy of
which is attached as Schedule 1. and includes any
variations and amendments thereto or any
3 PROP~I
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..
"Pub lic"
"Site"
' Site Plan·
"Staff and Guest
Accommodation"
substitution thereof.
the Public of the Island
all that immoveable property now generally known
as North Point and previously known as] 'Wolfs
Caves Bar and Restaurant", La Rue de Fremont, St
John. Jersey including the lands and fields known
as Le Trebouel du Nord and Le Trebouet du Sud
bearing the number 639 on the Map, La Lande
bearing the number 8~9 on the Map and Les
Allotins beanng the number 638 on the Map
together with the land. roadway and Issues, being
the 1"' and 2"" corpora fundi acquired by the OWner
on 20 December 2013 (Public Registry Reference
("PRR") BoOk 1324 Folio 316) and the land acquired
by the OWner by a further contract of purchase
dated 8 May 2015 (PRR Book 1349 foOo 559) the
whole joining together end being all that land
indicated for the purposes or Identification only by
diagonal hatching on the Site Plan and being the
land against which this Agreement may be enforced
the plan attached as Schedule 2
the separate one bedroomed unit shown hatched
blue on Drawing SK15 and the staff accomrTJO(!atlon
shown hatched red on Drawings SK14 and SK15
(both attacned at Schedule 8) forming part of the
Development to be occupied by guests or staff or
the OWner
2 CONSTRUCTION OF THIS AGREEMENT
2.1 Where In this Agreement reference is made to any Clause, Paragraph or Schedule or
Recital Sl.fch reference (unless the context otherwise requires) is a reference to a
clause, paragraph or schedule or recital In this Agreement.
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2.2 Words Importing the singular meaning where the context so admits Include the plural
meaning and vice versa
2.3 Words or the masculine gender Include the feminine and neuter genders and words denoting actual persons include companies, corporations and llrms and all such words shall be constructed Interchangeable in that manner.
2.4 Wherever there Is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express proVIsion otherwise.
2.5 Any reference to a law of the States of Jersey shall include any mo<l•flcation, extenslon or re-enactment of that law for the time being in force and shall Include all instruments, orders, plans, 19gulallons. permissions and directions for the time being
made, issued or given under that Law or deriving vaf!dlty from it.
2.6 References to any party to this Agreement shall includes the successors In IItie to that party and to any deriving title through or under that party and In the case of tha Chief
Officer the successors to his statutory functions.
2. 7 This Agreement shall be constructed so as to give effect to the purpose of the Law.
3 LEGAL BASIS
3.1 Th1s Agreement is made pursuant to Article 25 of the Law.
3.2 The covenants, restrictions and requirements Imposed upon the Owner under this Agreement create planning obligations pursuant to Article 25 of the Law end are
enforceable by the Chief Officer against the Owner.
4 CONDITIONALITY
This Agreement Is conditional upon and shall not have effect until all or the following conditions are fulfilled;
4 1 this Agreement being registered in the Royal Court as evidenced by an Act of the said Court and thereafter enrolled In the Public Registry of Contracts;
4.2 the grant or the Planmng Permit;
4.3 the Commencement of the Development;
save that the provisions or Clause 11 .1.(jurlsdiction) shall come Into effect
Immediately
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5 THE OWNER'S COVENANTS
5 1 The Owner covenants and agrees with the Chief Officer as set out In Schedule 3 to
the Intent tl'lat this Agreement shall be enforceable without limit of lime against the
Owner and any person claiming or deriving liUe through or under the Owner of the
Site or any part or parts thereof.
6 THE CHIEF OFFICER'S COVENANTS
6.1 The Chief Officer covenants with the Owner as set out in Schedule 4 to the mtent that
this Agreement shall be enforceable without hm1t of time against the Chief Officer by
any person claiming or deriving title through or under the Owner of the Site or any
part or parts thereof.
7 PUBLIC REGISTRY OF CONTRACTS
7.1 The Chief Officer shall as soon as practicable apply to the Royal Court for an order
that this Agreement be registered in the Public Registry of Contracts.
8 MISCELLANEOUS
8. 1 Any notJce or cornmumcalion to the Chief Officer pursuant to the provtsions or th1s
Agreement shall be deemed to have been properly served if sent by ordinary post to and addressed to the Director at Planning and Building Services, South Hill. St Heller
Jersey. JE2 4US or such other address In the Island of Jersey as otherwise notified
by the Chief OffiCE!r to the Owner by notice In writing.
8.2 Any notices or communication to the Owner shall be deemed to have been property
served If sent by ordinary post to and addressed to the Owner at Ogler 44 Esplanade.
Sl Heller. Jersey JE4 9WG or such other address In the Island of Jers-ey as otherwise
notified to the Chief Officer by the Owner for the purpose by notice in writing.
8.3 Insofar as any clause or clauses of this Agreement are found (for whatever reason) to
be 1nvalid illegal or unenforceable then such invalidity illegality or unenforceability
shall not affect the validity or enforceability of the remaining provisions of this
Agreement.
6
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8.4 This Agreement shall cease to have effect (insofar only as it has not already been
complied with) if the Plannmg Permit shall be quashed. revoked or otherwise
withdrawn or (without the consent of the Owner) it is modified by any statutory
procedure or exp1res poor to the Commencement of the Development
8.5 No person shall be liable for any breach of any or the planning obligations or other
provisions of this Agreement after it shall have parted with its entire interest in the Site
but without prejudice to liability for any subsisting breach arising prior to parting with
such Interest.
8.6 Nothing in this Agreement shall prohibit or limit the right to develop any part of the
Site in accordance with a planning permission (other than the Planning Permit)
granted (whether or not on appeal) alter the dale or this Agreement
8. 7 Except in so far as legally or equitably permitted this Agreement shall not prejudice or
fetter or affect any statutory power discretion or duty of the Chief Officer and without
prejudice to the generality of the foregoing Ills agreed between the parties hereto that
any benefit or power conferred on the Chief Officer by any of the obligations or
covenants by the Owner in favour or the Chief Officer under this Agreement are 1n
addition to any of the Chief Officer's statutory powers under the law.
8.8 Nothing contained llerein shall be construed as obviating the need for the Owner to
obtain or acquire from any third party 1n respect of the Development or its use any
requ1red consents permits authonsatlons rights Interests In the land or servitudes.
8.8 Save as otherwise provided tn this Agreement, this Agreement shall not be construed
or Interpreted 1n such a way or any mference to be drawn so as to place or create a
duty of care upon the Chief Officer as a result of the Chief Officer agreeing to accept
the covenants agreements and undertakings on the part of the Owner as contained
herein.
8.10 Save as otherwise provided in this Agreement, the Owner shall not be entitled to any
costs or compensation as a result of the making of this Agreement and the obllgaUons
contained herein.
8.11 All communica!Jons and notices served or made under this Agreement shall be in
wnling
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9 WAIVER
9.1 No wa1ver (whether expressed or implied) by the Chief Officer of any breach or
default In performing or observing any of the covenants terms or conditions or this
Agreement shall constitute a continuing waiver and no such waiver shall prevent the
Chief Officer from enforcing any of the relevant terms or condiUons or for act.lng upoo
any subsequent breach or default.
10 INTEREST
10.1 If any payment due under this Agreement IS paid late. Interest will be payable from
the date payment is due to the date of payment.
11 J URISDICTION
11 .1 This Agreement is governed by and interpreted In accordance with the law of the
Island of Jersey.
8 PROP·32&40Ge0-1
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SCHEDULE 1
Form of Planning Permit
9 PROP·~1
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Planning Application Number P/2015/0450
Draft Decision Notice PLANNING AND BUILDING (JERSEY) LAW 2002
In accordance w ith Article 19(8) of the Planning and Building Law 2002, as representations were made in connection with this application, this decision shall not have effect during the period of 28 days immediately after the decision date.
This permission enures (unless otherwise stated) for the bene1it of the land to which il relates and of each person lor the time being having an estate or Interest In that land.
This decision does not absolve the parttes concerned from obtaining, nor does It overrule, any other permission that may be required under any other taw. In addition. It does not overrule any private property rights, nor does It absolve the need to obtain the permission ol the owner of the land to which this permission relates.
This is notification of the decision to GRANT permission to develop land under Article 19 of the Planning and Building (Jersey) Law 2002;
In respect of the following development: Construct 1 No. six bedroom house and 1 No. one bedroom guest cottage with associated landscaping and vehicle access onto La Rue de Fremont. Construct 1 No. swimming pool and pool house with associated terracing. Construct 1 No. tennis court to East.
To be carried out at: Wolf Caves, La Rue de Fremont. St. John.
Reason For Approval : Planning Permission has been granted following careful consideration of the application. the policies o'f the Island Plan, the representations made and the extant planning permission.
The site lies within the Coastal National Park wherein there is a strong presumption against development, but where Island Plan policy NE6 does allow for the redevelopment of commercial sltes subject to set criteria. The scheme achieves a significant reduction In the intensity of the use of the site, and includes a range of environmental improvements. The development proposed in place of the original commercial buildrng on the site. is considered to be or a high standard of design.
It Is recognised that the buildings are larger than that which they replace, but it is also recognised that there is a live planning permission on the site for an alternative style and scale of dwelling. This is a material planning consideration.
It Is concluded that due in particular to their design and set back from the northern
I CAUTIO~ (PI : cd' _ lk(_n<>J•; P3&" I)
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Decision Notice PLANNING AND BUILDING (JERSEY) LAW 2002
Planning Application Number P/2015/0450
edge of the site, the buildings will provide Improved views and achieve a visual gain. In these unique circumstances it is therefore considered that approval of the appUcatlon is justified as a minor departure from the requirements of poficy NE6. The scheme Is considered to satisfy the requirements of polices GD1 (General Development Considerations), GD7 (Design Quality) and GD5 (Skyline. views and vistas).
INFORMATIVE: This permission is given on the basis of the Conditions attached to this Decision Notice together with the associated Planning Obligation Agreement relating to the Landscape Management Plan, the restricted occupancy of the Guest Cottage and the continued availability of the north coast footpath to members of the public at all times.
This permission Is granted subject to compliance with the following conditions and approved plan(s):
Standard conditions A The development shall commence within three years of the decision date.
Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance.
8. The development hereby approved shall be carried out entirety in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved.
Additional Conditions:
1. Not all of the area outlined In red on the Location Plan Is hereby condoned as Residential Curtilage. The extent of the the residential land associated with this dwelling shall not exceeecl that shown on the approved drawing "Domestic Curtilage Plan•.
2. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 201 1. or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall , fence or other means of enclosure, tank. conversion of garages or lofts, the creation of any new openings in the external fabric of the building (or the replacement of any windows with doors or vice versa), or the Introduction ot any hard standing to any ground surface, nor the installation of any lighting Is permitted without the prior written approval of the Department of the Environment.
3. A Percentage for Art contribution must be delivered prior to the first occupation of the dwelling hereby approved In accordance with a Percentage For
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Decision Notice PLANNING AND BUILDING (JERSEY) LAW 2002
Planning Application Number P/2015/0450
Art Statement to be submitted to and agreed in writing by the Department of the Environment in advance of the delivery of the contribution
4. No part of the development hereby approved shall be ocoupied until details of drainage have been agreed with the Department of the Environment and the agreed drainage Installed and made operational, and the development connected to the system.
5. Prior to their first use on site, other than where shown on the Granite Wall locations drawing hereby approved, the details all of the means of enclosure within the site and around the edge of !he residential land associated with the dwelling. such as walls. fences and hedges. shall be submitted to and approved in writing by the Department of the Environment The agreed details shall then be implemented in full prior to the first occupation of the dwelling, and thereafter retained as approved.
Reasons:
1. For the avoidance of doubt. to ensure the protection and restoration of the natural landscape proposed, and to avoid the domestication of areas beyond what Is considered a reasonable curtilage for the site, which would have a detrimental impact upon the character of the area, the Green Zone and the Coastal National Park, which would fail to satisfy the requirements of policies GD1 , GD5. NE6 and NE7 of the 2011 Jersey Island Plan (Revised 2014).
2. Planning Permission has been granted on the basis of the specific scale and design submitted and the Impact on the character of the area. Due to this and the prominence of the slte It is considered neceesary to require addiUonal controls to safeguard the character and visual amenities of the area In accordance with policies GD1, GD5 and NE6 of the 2011 Jersey Island Plan 2011 (Revised 2014).
3. In accordance With the requlrments of policy GD8 of the 2011 Jersey Island Plan (Revised 2014).
4. To ensure that drainage will be adequately dealt with, in accordance Vo(ith policies NR1 and LWM2 of the 2011 Jersey Island Plan (Revised 2014).
5. To promote goOd design and to safeguard the character and appearenoe of the surrounding area, In accordance with Policies GD1, G07, NE6 and NE7 of the Adopted Island Plan 2011 (Revised 2014).
FOR YOUR INFORMATION
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Decision Notice PLANNING AND BUILDING (JERSEY) LAW 2002
Planning Application NumQer P/2015/0450
The approved plans can be viewed on the Planning Register at www .aov.jelplanning
The foll.owing plan(s) has/have been approVed. Location Plan 880 201 Proposed Site Plan 880 203C Proposed Ground Floor Plan 880 204C Proposed First Fioor Plan 880 205C Proposed Guest Cottage Plans 880 206A Proposed Elevations 880 2078 Proposed Sections 880 2088 Proposed Green House Plan 880 218 Proposed Pool House Elevations 880 219 Existing Vegetation Appraisal 880 220 Proposed Landscape Plan 880 221C Foul Sewer Assessment Amended Healhland Management Plan 1 0 October 2017 Granite wall sample Granite Wall locations Shutters detail Window details Oecldng details Gravel Surfacing details Hard paving details Domestic Curtfiage Plan
DECISION DATE:
The development may also require buildi ng permission, for which a separate application will need to be made. If you are In any doubt as to whether bui lding permission Is required please telephone the Building AppllcatJons Team on 448407.
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